Senate Bill S8040

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8040

                            I N  S E N A T E

                              June 2, 2010
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT in relation to authorizing the conveyance of certain parklands in
  the town of Hamlin in the county of Monroe to Sandy Creek Marina

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Notwithstanding  the  provisions  of any other law to the
contrary, the  commissioner  of  environmental  conservation  is  hereby
authorized to enter into a contract, on behalf of and in the name of the
state, for the conveyance of fee title to a parcel of state park land in
the  town of Hamlin, in the county of Monroe, as more fully described in
section three of this act, to Sandy Creek Marina.
  S 2. The authorization provided in section one of this  act  shall  be
effective  only  upon  the  condition  that the state dedicate an amount
equal to or greater than the fair market value  of  the  property  being
alienated by this act for the acquisition of additional parklands and/or
for capital improvements to existing park and recreational facilities.
  S  3. The lands authorized by this act to be discontinued as parklands
are as follows:
  All that tract or parcel of land situate in the town of Hamlin, Monroe
County, New York state and being bounded and described as follows:
  All that tract or parcel of land situated  in  part  of  Town  Lot  7,
Section  10,  Township 5, Town of Hamlin, County of Monroe, State of New
York and being more particularly described as follows:
  Beginning at a point in the east right-of-way of Lake Road East  Fork,
said  point being the intersection of lands acquired by the State of New
York and lands of Nancy Butcher;
  Thence northerly on a bearing of N 26°43'02" E a  distance  of  492.64
feet to a point;
  Thence  westerly  on  a  bearing of N 65°26'38" W a distance of 100.00
feet to a point;
  Thence southerly on a bearing of S 15°09'53" W a  distance  of  498.98
feet to a point, said point being the true point and place of beginning

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17488-01-0
              

S. 8040                             2

  Subject  to  all  covenants,  easements and restrictions of record, if
any, affecting said premises as recorded in the  Monroe  County  Clerk's
office
  Being  and  hereby  intended to describe a parcel of land having 0.565
acres of land more or less, the same premises as shown on a map prepared
by Maier Land Surveying.
  S 4. In the event that the  state  received  any  funding  support  or
assistance  from the federal government for the purchase, maintenance or
improvement of the parklands set forth in section three of this act, the
discontinuance  and  alienation  of  such  parkland  authorized  by  the
provisions  of section three of this act shall not occur until the state
has complied with any federal requirements pertaining to the  alienation
or  conversion  of such parklands, including satisfying the secretary of
the interior that the alienation or conversion complies with all  condi-
tions  which the secretary of the interior deems necessary to assure the
substitution or improvement of other lands shall be equivalent  in  fair
market and usefulness to the lands being alienated or converted.
  S  5.  The  commissioner of environmental conservation shall prescribe
additional terms for the conveyance of lands as he or she  deems  neces-
sary.  Such  contracts  shall  not  become  binding upon the state until
approved by the director of the budget and the comptroller. Title to the
land to be conveyed to the state pursuant  to  the  provisions  of  such
contract  shall  be approved by the attorney general and the deed to the
state shall be approved by the attorney general as to form and manner of
execution before such deed shall be accepted on  behalf  of  the  state.
Notwithstanding  the  provisions of the public lands law, the conveyance
of the state owned lands, pursuant to such contract,  shall  be  without
reservation  or  exception except as provided for in such contract. Upon
certification by the commissioner of environmental conservation  to  the
commissioner  of  general services of a copy of the contract and certif-
ication that Sandy Creek Marina has complied with all terms  and  condi-
tions  of  the contract upon its part to be kept and performed, together
with a description of each of the parcels to be exchanged,  the  commis-
sioner  of general services shall convey all the right, title and inter-
est of the state in such land in accordance with the provisions  of  the
contract.
  S 6. This act shall take effect immediately.